Yes, as an executor in Malaysia, you generally have the authority to sell property or assets of the estate if it is necessary to administer the estate properly or fulfill the wishes outlined in the Will. The power to sell assets is often granted to executors to enable them to distribute the estate’s assets as intended.
When selling property or assets, it is important to follow these guidelines:
1. Obtain necessary approvals
If the will specifically authorizes the sale of certain assets, you can proceed with the sale without seeking additional approvals. However, if the will does not grant explicit authority or if there is uncertainty, it is advisable to consult with a lawyer to ensure that you have the necessary approvals from the court or beneficiaries.
2. Determine fair market value
Before selling any property or assets, it is crucial to determine their fair market value. This can be done through professional appraisals, market research, or consultations with experts to ensure a reasonable price is obtained.
3. Adhere to legal requirements
You must comply with all legal requirements and procedures involved in selling assets, such as obtaining necessary permits, clearances, or approvals from relevant authorities.
4. Act in the best interest of the estate
When selling assets, your primary responsibility is to act in the best interest of the estate and the beneficiaries. This includes obtaining the best possible price for the assets and ensuring fair treatment to all interested parties.
5. Keep accurate records
Maintain detailed records of the sales process, including any communications, agreements, or transactions related to the sale. This documentation will be crucial for accounting and reporting purposes.